Brian E. Bowcut represents state attorneys general and other public-sector clients as outside counsel in investigations and lawsuits involving deceptive trade practices and other forms of consumer fraud. Brian, who joined the firm in 2015, has deep experience in enforcement investigations, consumer protection law, and representation of governments at the municipal, state, and federal levels.
Brian formerly was a Trial Attorney and Senior Trial Counsel in the Civil Division of the U.S. Department of Justice for nine years. Most recently, as a member of the Fraud Section, he investigated and litigated fraud across an array of government programs, from Medicare fraud by nursing facilities, hospices and medical device makers to schemes involving federal mortgage, foreign aid, and TARP funds. Before that, as a member of the Environmental Torts Section, he defended the United States as lead counsel in large-scale tort litigation. Prior to joining DOJ, Brian practiced at a preeminent national law firm, where he specialized in pharmaceutical product liability and commercial litigation. He has argued cases in numerous state and federal trial courts, the U.S. Court of Appeals for the Fourth Circuit, and the District of Columbia Court of Appeals.
Brian’s recent representations include:
- Meal Delivery Apps: Representing the City of Chicago in litigation against meal delivery giants DoorDash and Grubhub for deceptive, bait-and-switch pricing; use of “dark patterns” that manipulate consumers into completing transactions; and conduct that preyed on vulnerable restaurants during the pandemic. Mr. Bowcut successfully argued against Grubhub’s motion to dismiss.
- Opioid Litigation: Representing the states of Indiana, New Jersey and Vermont in investigations and litigation against entities responsible for fueling the opioid epidemic through the deceptive marketing and sale of prescription opioids. Publicly filed enforcement actions in these matters included Indiana’s actions against Purdue, the Sackler family, and pharmaceutical distributors Cardinal Health, McKesson, and AmerisourceBergen; New Jersey’s actions against Purdue, the Sackler family, and Janssen; and Vermont’s actions against Purdue, the Sackler family, and distributors Cardinal and McKesson. A $26 billion nationwide settlement of litigation against the distributors and Janssen was finalized in 2022. A nationwide settlement in principle with Purdue and the Sackler family, valued at more than $6 billion, remains pending in bankruptcy proceedings.
- Nursing Homes: Representing the State of New Mexico in litigation related to Medicaid fraud and deceptive marketing by skilled nursing facilities that promised, but failed to provide, basic care to their elderly residents. Mr. Bowcut briefed and successfully argued the defendants’ motion to dismiss the case.
- Energy Drink: Representing a state government in litigation against Living Essentials, Inc., the creator of 5-Hour ENERGY, for voluminous advertising misrepresenting the efficacy of the product’s “energy blend” and deceptively claiming the product was doctor-recommended
During law school, Brian was an articles editor for the Duke Law Journal. After law school, he clerked for the Honorable Stanley S. Brotman of the United States District Court for the District of New Jersey.
- Trial Attorney, Fraud Section, Civil Division, U.S. Department of Justice, 2014-2015
- Trial Attorney, Environmental Torts Section, Civil Division, U.S. Department of Justice, 2006-2014
- District of Columbia
- Duke University School of Law, J.D., cum laude, Order of the Coif, 2000
- Duke University, M.A., 2000
- Utah State University, B.A., summa cum laude, 1996
- Law Clerk, the Hon. Judge Stanley S. Brotman, U.S. District Court for the District of New Jersey, 2000-2001
Current Cases
City of Chicago v. DoorDash, Inc., and Caviar, LLC
City of Chicago v. DoorDash, Inc., and Caviar, LLC (N.D. Ill.): Cohen Milstein represents the City of Chicago in this trailblazing lawsuit, which is the result of a comprehensive investigation directed by Chicago’s Department of Law and Department of Business Affairs and Consumer Protection. Chicago alleges that DoorDash deceives consumers—and unfairly harms restaurants and drivers—with misleading restaurant listings, fees, menu prices, and allocation of driver tips. Filed the same day as Chicago’s parallel action against Grubhub, the lawsuit aims to establish a fairer and more transparent marketplace for meal delivery in the city. Chicago’s lawsuits against DoorDash and Grubhub are the first comprehensive law enforcement actions against meal delivery companies in the United States.
The People of the State of California v. Grubhub Inc.
The People of the State of California v. Grubhub Inc., et al. (Calif. Sup. Crt., Los Angeles Cnty.): Los Angeles County, on behalf of the People of the State of California, has sued Grubhub for false advertising and violations of the California Unfair Competition Law. County Counsel’s Affirmative Litigation and Consumer Protection Division has retained Cohen Milstein to assist on the case.
- Lawdragon 500 Leading Plaintiff Consumer Lawyers (2022-2023)
February 22, 2024
Grubhub’s Business Is ‘Suffused With Deception,’ LA Says
Grubhub’s business is “suffused with deception,” Los Angeles County said in a lawsuit filed Wednesday, claiming the food delivery service has long misled customers about prices and driver benefits and imposed “abusive” policies on restaurants. The county accused Grubhub of false and deceptive advertising, misrepresentation and unfair business practices that harm consumers, delivery drivers and […]
In the News | Law360
February 22, 2024
L.A. County Accuses Grubhub of ‘Bait-and-Switch’ With Last-Minute Fees
L.A. County is suing Grubhub, alleging that the company violated state laws that prohibit false advertising. The price of the turkey on rye half-sandwich from Langer’s Delicatessen-Restaurant in Los Angeles, purchased through the delivery app Grubhub, starts around $17. But at checkout, the costs mount. With additional fees and sales tax, the cost of a […]
In the News | Los Angeles Times
February 22, 2024
LA County Sues Grubhub Alleging Unfair and Deceptive Business Practices
FOR IMMEDIATE RELEASE Los Angeles County filed a lawsuit yesterday against food delivery company Grubhub alleging false and deceptive advertising, misrepresentation and unfair business practices that financially harm consumers, delivery drivers and restaurants. “This lawsuit sends a clear message: Los Angeles County will not tolerate businesses that deceive consumers, take advantage of restaurants, and exploit […]
Press Releases | Los Angeles County, Office of the County Counsel
August 31, 2021
Chicago Seeks Restaurants Stories Detailing Experiences with DoorDash, Grubhub, and Uber Eats
The survey’s launch comes days after the city filed lawsuits against DoorDash and Grubhub Last week, the city of Chicago made headlines by filing twin lawsuits against Grubhub and DoorDash in accusing the food delivery companies of deceptive business practices. Now, the city is looking for anecdotes about restaurants and third-party couriers. The city has […]
In the News | EATER
August 30, 2021
Editorial: Grubhub, DoorDash Racket Needs Reform. The City of Chicago Was Right to Sue.
Imagine that you own a neighborhood restaurant with a loyal base of customers. It’s likely that you started offering delivery during the pandemic, when the state of Illinois required indoor dining to close, but maybe you chose to maintain your own website and hire your own trusted drivers so you could control the quality of […]
In the News | Chicago Tribune
August 27, 2021
City of Chicago Sues Food Delivery Services Grubhub and DoorDash for Alleged Deceptive Practices During Pandemic
The city of Chicago is suing Door Dash and Grubhub, alleging the food delivery services engaged in deceptive business practices during the pandemic, misleading consumers and harming restaurants. The lawsuits, filed separately Friday in Cook County Circuit Court, allege that as restaurants struggled and closed for indoor dining, DoorDash and Grubhub leveraged soaring demand for […]
In the News | Chicago Tribune
August 27, 2021
Chicago Sues Grubhub and DoorDash for Allegedly Scamming Basically Everyone: Restaurants, Drivers, and Customers
The lawsuits have been universally celebrated by restaurant owners who feel the companies have gaslit them throughout the pandemic The city of Chicago has filed separate lawsuits against Grubhub and DoorDash alleging the third-party delivery companies “engaged in deceptive practices to prey on its affiliated restaurants.” The lawsuits, filed today, August 27, in Cook County circuit […]
In the News | EATER
January 1, 2021
Cohen Milstein Names New Partners Brian E. Bowcut and Christina D. Saler
FOR IMMEDIATE RELEASE: WASHINGTON, DC – Cohen Milstein Sellers & Toll PLLC, one of the nation’s leading plaintiffs’ law firms, has named Mary J. Bortscheller, Brian E. Bowcut and Christina D. Saler as the firm’s newest partners, effective January 1, 2021. Mary J. Bortscheller, as a member of the firm’s Employee Benefits practice group, represents employees […]
Press Releases | Cohen Milstein
October 22, 2019
AG Curtis Hill Files Lawsuit Against Three Opioid Distributors
Attorney General Curtis Hill today filed a lawsuit against three drug distributors responsible for a commanding share of the prescription opioids sold to Indiana pharmacies during the relevant time period. The complaint alleges that AmerisourceBergen Drug Corp., Cardinal Health and McKesson Corp. violated Indiana law by: 1) designing flawed systems that failed to adequately identify, […]
In the News | Indiana Office of the Attorney General
November 13, 2018
New Jersey Sues Pharmaceutical Company Amid Spiraling Opioid Crisis
New Jersey officials, taking on one of the state’s core industries, filed a lawsuit on Tuesday against a subsidiary of Johnson & Johnson that manufactures opioids, accusing the pharmaceutical company of misleading patients about the addictive dangers posed by its drugs. It was the first time that New Jersey has brought legal action against a […]
In the News | The New York Times
September 5, 2018
Vermont Sues Purdue Pharma for Its Opioids Marketing Practices
Contact: Jill Abrams, Director, Consumer Protection Unit, (802) 828-1106 AG Alleges Deceptive and Unfair Acts and Public Nuisance Vermont Attorney General T.J. Donovan announced that today his office filed a lawsuit against the pharmaceutical company Purdue Pharma. The lawsuit alleges violations of the Vermont Consumer Protection Act and public nuisance law concerning Purdue’s marketing and […]
In the News | Vermont Office of the Attorney General